In international arbitration as well as domestic arbitrations governed by the laws of countries in which courts may award costs against a losing party, the arbitral tribunal will also determine the portion of the arbitrators'fees that the losing party is required to bear.
22.
In cases that become moot while awaiting review, respondent's logic would hold the Court powerless to award costs, e . g ., Heitmuller v . Stokes, 256 U . S . 359, 362-363 ( 1921 ), or even to enter an order of dismissal.
23.
According to Chief Justice John Marshall, Ellsworth " observed, in doing this, the court did not mean to be understood as at all deciding the question, whether, in any case, they could award costs against the United States, but left it entirely open for future discussion ."
24.
Cost and attorney fees : Copyright Act ?505 permits courts, in their discretion, to award costs against either party and to award reasonable attorney fees to the prevailing party . The court may ( but is not required to ) award to the " prevailing party " reasonable attorney's fees.
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